P.R. Laws tit. 24, § 6159q

2019-02-20 00:00:00+00
§ 6159q. Petition for extension of involuntary admission order

When deemed necessary, the court may order an extension for hospitalization, which shall not exceed fifteen (15) additional days. To that effect, the director of the mental health institution or his/her representative, per ser or by request from the minor’s parent with patria potestas or custody, or legal guardian, shall file in court a petition to extend an involuntary admission order. Said petition shall be accompanied by a second certification issued by the child and adolescent psychiatrist along with the inter- or multidisciplinary team in charge of the minor’s treatment, provided that in cases in which the minor is receiving treatment, recovery and rehabilitation services in a detoxification center, this second certification may be issued by a physician and the inter- or multidisciplinary team. The petition shall be filed in court up to three (3) days before the end of the initial period of fifteen (15) days. Within forty-eight (48) hours after filing the petition to extend an involuntary admission order, the court shall determine if the extension of the hospitalization period so requested shall proceed. While this process is in progress, the minor shall remain hospitalized.

This certification shall include the following:

(a) Evidence of the plan and implementation of the individualized treatment, recovery and rehabilitation plan of the inter or multidisciplinary team.

(b) A document stating that the child and adolescent psychiatrist or the physician of the detoxification center, as may apply, along jointly with the inter- or multidisciplinary team, re-evaluated the minor according to the plan reviewed the medical record, evaluated his/her progress and determined the need for the minor to continue receiving involuntary services.

(c) Detailed preparation of the revised individualized treatment, recovery and rehabilitation plan that includes a reasonable prognosis of the benefits the minor is expected to receive during the continuation of the involuntary admission.

(d) Identification and processing by the case handler of the resources used to place the minor in the necessary and convenient level of care for his/her condition, once the purposes of the treatment, recovery and rehabilitation plan of the hospital are fulfilled.

(e) Release plan worked by the child and adolescent psychiatrist in consultation with the inter- or multidisciplinary team for the case handler to follow-up, a copy of which shall be given to the parent with patria potestas or custody, or the legal guardian, if any.

(f) Name and professional circumstances of the inter- or multidisciplinary team that intervenes in the certification.

If the initial fifteen (15)-day term elapses, and the petition for extension of involuntary admission order and the corresponding certification are not filed in court on time, the institution shall then proceed to grant immediate release to the minor and it shall so notify to the court.

If in the hearing, the court finds that the minor shall continue to receive involuntary treatment services, it may order an extension of the involuntary hospitalization for a term not to exceed fifteen (15) days.

Within twenty-four (24) hours after the issuance of the petition for extension of involuntary admission order, a copy of the certification and of the order issued by the court shall be given to the parent with patria potestas or custody, legal guardian, attorney or representative, as the case may be.

History —Oct. 2, 2000, No. 408, § 8.18, eff. 90 days after Oct. 2, 2000.